The very least she should have done was called the cops and report him. Any reasonable person would have done that given the behavior described in the article.
Only an idiot would agree to sell gas to man too drunk to walk, then only two more idiots would agree to pump gas into the car of a man too drunk to figure out how to work a gas pump.
As I said previously, the two are probably not "legally liable" as for the attendant, I would want to hear both sides.
Apparently, you do not need to.
You just don't get it do you. It is not illegal to sell gas to anyone! Should she have called the cops? Well I think most civilly minded individuals would have unless of course this guy scared the hell out of her. I'm not saying he did, but now days convenience store clerk is one of the most dangerous occupations in America. Ever watch the amazing video shows? This employee makes tops about $8 an hour. I'm certain this situation was not on the application when she signed up. DUI is enforced by the cops and the courts. Not by convenience store clerks. She already did what she was required by law to do. That was to deny him any more alcohol. If you want her to do more, then perhaps we need to swear them in as officers of the court.
What I don't need is the government deciding when I should be a good citizen. Since when is it up to you, a jury, or the court, to decide how involved an employee has to be in enforcing the law. It is not their job! If this is your position, who was responsible before he pulled into the gas station. Maybe his neighbor that saw him pull out of the driveway? What about other drivers on the road that night? How about the kid riding his bike, that saw him weaving back and forth driving down the street. Should he be held responsible because he didn't immediately run to a phone to call law enforcement?
It is not up to the you or the court to enforce when or how an innocent bystander reacts to a given situation.
I think the Nazi's made it a crime for citizens not to turn in the Jews in WWII. Is that where you're heading? No thanks!